"Conceivably a drone made out of plastic or metal would do even more damage because it's not soft tissue," said Brown. "So, potentially, it could be devastating."

In some cases, firefighters request a formal flight ban over an active fire zone, but not always.

The U.S. Forest Service said drone operators should stay away from all active fires but could not say how far that should be.

"We don't have that defined right now. That's the problem. There's no definition. So (one of the) things we're working on is trying to get a definition for that," said Shawna Legarza of the U.S. Forest Service.

State Sen. Ted Gaines, a Republican from Roseville, said he has proposed legislation that would define that distance.

He said it would also increase the penalties for authorized drone operators.

The current fine is $1,000.

"I also feel that we also ought to be looking at incarceration. You could be putting someone's life at risk. If you had a death, how would you address that?" said Gaines.

Enforcing drone rules has been difficult because firefighters cannot not always spot the operator on the ground.

That might soon change if the federal government approves new rules that would require drones be marked with registration numbers.